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HomeMy WebLinkAboutNGUYEN, HUAN DBA LUXURY NAILS AND GENERAL MERCHANDISE/1/-9G - ORIGINAL Syr THE CITY OF SANTA ANA, CALIFORNIA I - A( AGREEMENT FOR ACQUISITION OF IMPROVEMENTS PERTAINING TO THE REAL PROPERTY (FIXTURES & EQUIPMENT) THIS AGREEMENT, made and entered into this /&V_ day of C(pjU,l, , 19q6 , by and between the CITY OF SANTA ANA, a municipal corporation of the State of California, hereinafter referred to as the "City" and HUAN NGUYEN. doing business as, LUXURY NAILS AND GENERAL MERCHANDISE (hereinafter called "Seller"), regardless of number or gender; W I T N E S S E T H For and in consideration of their respective promises and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all those certain Fixtures and Equipment pertaining to the real property (hereinafter referred to as "F & E") described in Exhibit A, attached hereto and made a part hereof by this reference. 1. Conveyance by Seller. Seller agrees to convey said F & E to City at the office of the Community Development Agency of the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, within THIRTY (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said F & E shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, assessments, profits, limitations, encumbrances, liens, leases, clouds or defects in title. Seller hereby warrants that the title to said F & E to be conveyed by Seller to City shall be free and clear as above provided. Seller further agrees that acceptance by City of said F & E, with or without knowledge of any condition, restriction, reservation, assessment, profit, limitation, encumbrance, lien, lease, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said F & E, the total sum of THREE THOUSAND SIX HUNDRED THIRTY Dollars ($ 3,630.00). City agrees to deliver said purchase price in Seller within THIRTY (30) days from and after the date on which the City has approved this Agreement. 4. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 5. Heirs, Assicrns, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 6. Time of Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 7. Just Compensation. Seller agrees that said purchase price is just compensation at fair market value for said F & E. 8. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-25, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller(s) is: Huan Nguyen 3542 W. filth Street Santa Ana, CA. 92703 9. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their agreement with regard to the F & E. Performance of this Agreement by City shall lay at rest, each, every and all issue(s) that were raised or could have been raised in connection with the acquisition of said F & E by City. IN WITNESS WHEREOF, the parties to this Agreement have executed the same the day and year first above written. 3 14 /q 6 r��azl•��lf.�ir.�ao �y� Edward J er A�C �i�ty .Attorney A CE C. ;lY CLERK C'1 T "c CITY OF SANTA ANA, a municipal corporation David N. Ream City Manager EXHIBIT A IMPROVEMENTS PERTAINING TO THE REAL PROPERTY LUXURY NAILS AND GENERAL MERCHANDISE ITEM OTY. DESCRIPTION VALUE 1. 1 SHELF UNIT, 80"X16"X24" WD/STL, 2 TIER, WALL MOUNT $ 40 2. 1 SHELF UNIT, 72"X12"X36" WD/STL, 2 TIER, WALL MOUNT 32 3. 1 CARPET, 25'X16' 260 4. 1 PHONE SYSTEM, X/1 INSTRUMENT 1 LINE 80 5. 1 SIGN, BANNER, 14'X3', SGL FACE VINYL, BIKES, STROLLERS, ET AL 84 6. 1 SIGN, 12'X2 1/2', SGL. FACE, PLASTIC, "LUXURAY NAILS" 3,100 7. 1 SIGN, BANNER, 69"X36", SGL. FACE, VINYL, "BICICLETA, CARIOLA ET AL" 34 TOTAL $3,630